Análisis jurídico de la convalidación en los actos societarios con tendencia al monopolio.

Abstract

The figure of validation has been developed in the corporate field in order to be a mechanism to remedy the nullity of corporate acts due to the omission of a requirement of validity established in the Law. However, according to the provisions of Article 35 of the Companies Law, there are situations in which the validation does not apply, such as in the case of companies that tend to monopoly. As a result of this, it is understood that a study and investigation must be carried out to determine if the corporate act is indeed monopolistic and consequently the procedure will be declared as appropriate or not. However, in Ecuadorian legislation there are no provisions that define what a monopoly implies, much less specify the guidelines and procedures to be followed by the competent authority to make such determination.